This Contract is entered into by the Company and anyone wishing to use the services on the Site (hereinafter, “the User”).

1: PURPOSE

The purpose of these General Terms and Conditions of Use is to stipulate how the Site may be used by Users.

2: DEFINITIONS

User: means anyone who uses and/or contributes to the Content of the Site or one of the services offered on the Site for their own purposes in the context of personal, non-commercial use. A User may be a simple visitor to the Site or an author of the Content published on the Site.

Content: means all contributions, namely texts, sound files, graphic elements, photographs, etc. that are sent, forwarded, disseminated or published by a User or with which the User interacts on the Site in any way whatsoever, notably in the form of text or images.

3: SITE FUNCTIONALITIES

The Site AUTO FOREVER is a participatory information site that aims to create an online encyclopaedia about cars that are no longer sold and a merchant site selling books on old and vintage cars published by AUTO FOREVER.

It offers access to the following functionalities:

• Access to the content published on the Site,
• Contributing to the content on the Site by allowing the User to publish, share and comment on individual and shared content.

4: ACCESS TO THE SERVICE

Access to all the functionalities available as described in this terms and conditions is provided free of charge.

Anyone using the functionalities of the Site must guarantee the accuracy of the information they provide. The User undertakes to enter their name and e-mail address to access the functionalities available on the Site. They undertake to use the same name and e-mail address for each of their contributions to the Content.

5: PERSONAL DATA

The User is informed that their data are hosted on French territory.

To find out more about our data protection policy, please visit the following pages: Privacy Policy and Cookies Management Policy.

6: INTELLECTUAL PROPERTY

6.1. OWNERSHIP OF SITE COMPONENTS

The Company is the owner of the rights allowing it to operate the Site, notably all graphic, sound, textual and software components, including the underlying technology and elements of any other kind, which make up the Site.

None of the components that make up the Site may, under any circumstances, be used, reproduced, represented, modified or translated by the User without the Company’s prior authorisation.

The Company grants the User a personal, non-exclusive and non-transferable right to use the Site for each use of the services and functionalities available on the Site.

Accordingly, the User undertakes not to infringe the Company’s intellectual property rights, and in this respect, not to reproduce, represent, translate, modify or disseminate, even in part, any element that is protected by an intellectual property right unless they been expressly authorised in advance.

The Company also holds the rights to use the French trademark “AUTO FOREVER” no. 15 4 169 888 and the European trademark “AUTO FOREVER” no. 014 580 732. As a consequence, any reproduction of the trademark or elements of the Site that has not been authorised by the Company shall be deemed an act of forgery for which the perpetrator may be prosecuted under criminal and civil law.

Any use or reproduction of the name of the Site, on any basis whatsoever, and on any medium whatsoever, without the Company’s prior agreement in writing, is therefore strictly prohibited.

The User undertakes not to use the Site for commercial purposes without the Company’s express prior authorisation.

6.2: OWNERSHIP OF USERS’ CONTENT

By accepting these General Terms and Conditions of Use, the User expressly agrees to grant the Company a non-exclusive right of reproduction and dissemination, limited to the life span of the Site, free of charge, for any Content authored by them. The sole purpose of granting this right is to enable the Company to publish the User’s Content on the Site.

This right is only granted for use of the User’s Content that has no directly commercial purpose. This grant of rights includes the right of reproduction, adaptation, translation, representation, modification and continuation of use derived from the Content authored by the User. It is valid for all countries where such Content may be used, regardless of the language and medium employed.

The User undertakes to ensure that the elements authored by them and published on the Site do not infringe any property rights of third parties.

7: IMAGE RIGHTS

Should the User provide a photograph or any image or Content in relation to their use of the Site, they undertake to:

• ensure they own the copyright protecting the photograph or image concerned or the Content;
• authorise the Company to publish said photograph, image or Content on the Site;
• refrain publishing any photograph or image in which third parties may be identifiable, unless they have obtained their express authorisation to disseminate said photograph or image or Content.

8: USER OBLIGATIONS

The User undertakes to use the Site only for the purposes indicated in this Contract, and in the strictest compliance with technical and security standards.

The User bears sole responsibility for the Content authored by them and which they publish and/or with which they interact. The User understands and accepts the Site functionalities, including but not limited to the arrangements for publishing Content.

The User is responsible for the use they make of the Site. As a consequence, any processing, transmission, dissemination or representation of data via the Site by the User are carried out under their sole and entire responsibility and in strict compliance with the legal and regulatory provisions relating to the use of online services.

Similarly, the User undertakes not to post any Content via the Site that contains computer viruses or any other code, file or program, including but not limited to those designed to interrupt, destroy or limit the functionality of any software, computer or communications tool.

The User also undertakes not to disseminate Content (text, images, photographs, links, etc.) that is likely to infringe the rights and interests of third parties, is contrary to the laws and regulations in effect or which undermines public order and moral standards.

The User is responsible for any Content authored by them that contravenes any of these provisions.

The User acknowledges that the Company may withdraw any Content that does not comply with these requirements.

The User is hereby informed that the Site does not carry out any prior checks of the Content published. Any withdrawal of Content will be done in accordance with Article 10 of these terms and conditions.

The User also undertakes to inform the Company immediately of any anomaly concerning the use of the Site, by contacting it at the following address: cm at sign auto-forever.com.

9: COMPANY OBLIGATIONS

9.1: PUBLISHED CONTENT

The Company shall only be responsible for the Content it authors on the Site.

It should be noted that the Company acts as the Publisher of the Site only for the content authored by it and cannot be held liable for Content authored by a User.

9.2: AVAILABILITY

The Company undertakes to take reasonable steps to ensure that the Site is accessible on the internet 24 hours a day, seven days a week, 365 days a year except in the case of force majeure, technical and/or IT-related and/or telecommunications difficulties and/or maintenance periods.

The Company cannot be held liable for any lack of availability of the Site relating to the User’s internet connection or equipment or maintenance operations needed for the Site to function correctly.

The Company reserves the right to interrupt access to the Site immediately and without notice:

1. For the purpose of a technical intervention or any maintenance operation. The Company will inform the User in advance wherever possible.
2. If the Company receives a notice from a competent administrative, arbitration or judicial authority, in accordance with the applicable laws or from a third party, and in particular, in accordance with the French Trust in the Digital Economy Act of 21 June 2004.
3. If the Site is used in a way that contravenes these terms and conditions.

The User accepts that a suspension of this kind may involve the removal of Content they have published.

9.3: UPGRADES

The Company reserves the right to modify the Site’s presentation, operation or functionalities at any time, without notice.

9.4: HOSTING

The Company hosts the Site under secure access conditions and premises in accordance with current industry standards.

9.5: HYPERTEXT LINKS

The Site contains hypertext links to websites that are published and/or managed by third parties.

The User acknowledges that the Site cannot take any responsibility for the publication of such sites and cannot be held liable for their content, insofar as it has no control over external resources.

9.6: MAINTENANCE

The Company is responsible for upgrades and corrective maintenance of the Site so as to ensure its long-term viability and availability as part of an obligation to use its best endeavours.

The User will automatically benefit from any upgrade or refinement by the Company on the corresponding version of the Site they use.

10: LIABILITY

The Company is only subject to an obligation to use its best endeavours in respect of the commitments indicated in these terms and conditions.

The User is aware of the technical hazards inherent in the internet and the interruptions to access that may arise as a result. As a consequence, the Company cannot be held liable in any way for any lack of availability or slow running of the Site.

The Company cannot guarantee continuous access to the Site, which is operated remotely via the internet, as the User acknowledges.

Furthermore, the Parties expressly agree that the Company cannot be held liable for interruptions to the Site or damage related to:

• a case of force majeure, as defined in French case law or to a decision by the authorities;
• an interruption to the power supply or power lines caused by public or private operators;
• any abnormal or fraudulent use by the User or third parties requiring the Site to be shut down for security reasons;
• any intrusion or fraudulent intervention by a third party in the system, or the unlawful extraction of data, in spite of the use of security measures in line with current practices in this areas, the Company being bound only by an obligation to use its best endeavours in respect of known security techniques;
• the nature and content of information and data created, transferred and/or communicated by the User; more generally, the Company cannot be held liable in any way for data, information, results or analyses by third parties, communicated or received through the use of the Site, which infringe the rights of third parties or breach the legislation in effect in any way whatsoever;
• any loss or delay in the transmission of information and data, if these have not been caused by the Company;
• the operation of the internet or phone networks or internet access cables not implemented by the Company;
• any failure of the servers hosting the Site;
• any failure of third-party services used by it.

The Company cannot be held liable for any indirect harm or losses, loss of profits or expected savings, loss of income or reputational damage not resulting directly and exclusively from a failure by the Site, or the use of third parties.

In any event, the Parties agree that the total amount the Company may be required to pay should it be held liable for any reason whatsoever, will be limited to a fixed sum of €100, all causes of harm combined.

The role of the Company shall be limited to that of host as defined in Article 6 of the French Trust in the Digital Economy Act (LCEN) of 21 June 2004 in respect of all user Content.

Accordingly, it is not obliged to monitor the Content posted on the Site by Users. The Company shall only be obliged to act promptly if it is informed by a User of the existence of manifestly unlawful Content, reported to it in accordance with the arrangements set out in the LCEN, on which the Company has not taken action.

The Company provides Users with a contact address cm at sign auto-forever.com in order to facilitate the reporting of Content likely to breach these General Terms and Conditions of Use.

In general terms, the Company cannot be held liable for damage of any kind, either direct or indirect, resulting from the use of the Site.

The User shall be liable for any tangible or intangible, direct or indirect harm caused to third parties, including the Company, as a result of the unlawful use or exploitation of the Site, regardless of the reason and place of occurrence of said harm.

The User shall hold the Company harmless from any consequences, complaints or actions that may be taken against the Company in this respect.

The User waives their right to take any action against the Company in the context of legal proceedings taken against it by a third party resulting from the unlawful use or exploitation of the Site.

11: WAIVER AND FORBEARANCE

It is formally agreed between the parties that any forbearance or waiver by one of the parties in applying any or all of the commitments provided for under these terms and conditions, regardless of its frequency or duration, may not be deemed an amendment to this agreement or generate any rights whatsoever.

12: ENTIRE AGREEMENT

These General Terms and Conditions of Use express all the obligations between the Parties.

13: TERMINATION

The Company may, at its sole discretion and for any reason whatsoever, terminate the User’s access to the Site and the Company’s services at any time, with or without notice, without being held liable by the User or a third party.

Furthermore, the User accepts that any attempt to access the Site shall constitute unauthorised access after: (1) being notified of a breach of these terms and conditions or termination of access; (2) unlawful use of the Site or the Company’s services; or (3) becoming aware that the attempted access is in breach of these terms and conditions.

The Company may investigate any breach of these terms and conditions, including unauthorised use of the Site and the Company’s services. It may take any legal action it deems appropriate. The User agrees that any pecuniary damages may not provide adequate compensation to the Company and that the latter may seek an injunction or other form of compensation for the User’s breach of these terms and conditions. If the Company determines that the User has breached the terms and conditions or the law, or for any other reason or for no reason at all, it may terminate the User’s account and prevent them from accessing the Site and the Company’s Services at any time, without notice. Should this occur, the User may no longer use the Site or the Company’s services. Nonetheless, the User will continue to be bound by their obligations under these terms and conditions. The User acknowledges that the Company cannot be held liable in respect of the User or a third party for terminating the User’s access to the services or their account or any related information, and that the Company cannot be obliged to provide the User with access to the services or their account or any related information. The Company may refuse to honour the User’s current or future transactions.

The User agrees that their unlawful use of the Site and the Company’s services may cause it harm, including a loss of customers, loss of sales or increase in costs. The User also agrees that pecuniary damages for their unlawful use of the Site and the Company’s services are difficult to determine and that the User, and anyone acting jointly with the User, will be jointly and severally liable for damages.

The User agrees that their non-compliance with these terms and conditions may cause the Company irreparable harm, which may not be adequately compensated by damages. The User also agreed that a specific order or injunction against them in the case of a breach or failure to comply with these terms and conditions would be fair and not harm the User, their commercial interests or their activities. Accordingly, in the case of a breach by the User of one or more of these terms and conditions, the Company LP2M, shall, without the need for any security deposit or other guarantee, and in addition to the other legal or equitable remedies that are or may be available, have the right to demand fulfilment by the User or to obtain an injunction against the User, in respect or any obligation set out herein or the breach thereof.

14: LINKS

The Company may provide links on the Site to other sites, which are included purely as a service. The Company makes no statement and offers no express or implied guarantee as to the accuracy, validity, appropriateness, legality or any other characteristic of the elements or information posted on such sites.

I. – SCOPE OF GENERAL TERMS AND CONDITIONS OF SALE

The company LP2M (814 420 311 RCS LYON) trading as “AUTO FOREVER” (hereinafter “AUTO FOREVER” or the “Service Provider”) specialises in online sales of books about automotive vehicles and offers books about all kinds of French and foreign cars.

These General Terms and Conditions of Sale (the “T&Cs”) apply automatically to all services provided by the Company (the “Service(s)”) in relation to online sales of books about automotive vehicles.

The customer must declare that they have full legal capacity to agree to these General Terms and Conditions of Sale prior to placing an order.

II. – ENFORCEABILITY

No Service may be provided and no work will be carried out unless these terms and conditions issued by AUTO FOREVER have been agreed and signed by the customer for whom they are intended.

Placing an order with AUTO FOREVER implies the customer’s full and unreserved acceptance of these T&Cs, to the exclusion of any other document such as brochures and catalogues produced by the Service Provider, which are provided for information only.

No special condition may take precedence over these T&Cs unless it has been formally agreed by AUTO FOREVER.

Any contradictory condition stated by the customer will therefore not be enforceable against AUTO FOREVER, regardless of when it may have been brought to its attention.

AUTO FOREVER reserves the right to amend these T&Cs at any time.

The new terms and conditions will be enforceable against the customer once they have been signed by them. However, any amendments hereto will be deemed accepted and enforceable against the customer if, having been informed of said amendments, the latter does not expressly object to the new terms and conditions in writing within one (1) week of the amendment concerned being brought to their attention.

III. – ORDERING

The customer may place their order on the website en.auto-forever.com

The sale shall be deemed to take place on the date of acceptance of the order by the Seller.

Prior to said date, and in accordance with the provisions of Articles L. 112-1, L. 112-2 and L. 141-1 of the French Consumer Code [Code de la consommation], these T&Cs shall be made available to all purchasers for information purposes.

A customer who wishes to purchase products, having familiarised themselves with the prices payable, must submit a formal order, including the product description(s), reference number, quantity and price, and accept these T&Cs.

A summary of the order information will be sent to the customer in the order confirmation e-mail. The same e-mail will also contain a web link to these General Terms and Conditions of Sale.

Confirming the order therefore implies acceptance of these T&Cs.

The Seller’s acceptance of the order is implied by the direct delivery of the products ordered.

Any order sent to the Seller shall be deemed firm and final.

IV. – DELIVERY

1. General remarks

In the absence of any special conditions of sale, including but not limited to a product launch as provided for in Article VIII – SPECIAL TERMS AND CONDITIONS: PRE-ORDER below, delivery will be made to the address indicated by the customer when placing their order within seven (7) working days and no later than thirty (30) working days from the most recent of the date of receipt of a valid order by the Seller and the payment date of said order.

Should delivery not be made within seven days of the expiry of said period, except in the case of force majeure, the Purchaser shall be entitled, if they so wish, to request the termination of the sale by registered letter with a request for acknowledgement of receipt, pursuant to the provisions of Articles L.216-2 et seq. of the French Consumer Code.

The costs and risks of delivery of the products shall be borne solely by the Seller.

The risks in the products sold shall be transferred to the Purchaser on delivery.

2. Carrier

In the case of delivery by a carrier that requires the customer to be present in person, the carrier will contact the customer as soon as possible to agree a delivery slot, no later than thirty (30) days from the date the order is confirmed.

AUTO FOREVER cannot be held liable for any delivery delay due solely to the customer’s lack of availability after several slots have been offered by the carrier.

The customer may notify the carrier and AUTO FOREVER of any reservations in respect of the product delivered (e.g. damaged packaging, parcel already open, etc.). Acceptance of the order is nonetheless the responsibility of the Purchaser.

Accordingly, the customer is advised to:

• open the parcel and check the product prior to signing the delivery note (paper or electronic);
• reject the parcel if the delivery person does not allow them to check the product inside;
• reject any damaged product and record their reservations (e.g. “damaged box / damaged product”) on the delivery note;
• reject any product that does not tally with the order placed.

AUTO FOREVER cannot accept any complaints if these recommendations have not been followed.

3. Receipt of order

The customer must receive the parcel at the address indicated on their order (home, collection point, work address, third-party address, etc.).

If the carrier is unable to hand over the parcel in person (if no-one is available or they cannot find the address, etc.), they must leave a note for the customer at the delivery address and indicate the collection point where the parcel will be held for a defined period.

Parcels that have not been collected by the customer within this period will be returned to AUTO FOREVER.

The customer may ask AUTO FOREVER to re-send the parcel within a period of two months. If applicable, AUTO FOREVER reserves the right to request the payment of additional shipping costs to send the parcel for the second time.

If the customer does not ask to have their order re-sent within a period of two (2) months, AUTO FOREVER may record the sale as terminated. The customer must request a refund from the Seller by any appropriate means. The delivery costs paid by the customer will be retained by AUTO FOREVER.

4. Delivery locations

AUTO FOREVER delivers to the following locations mainly:

• Mainland France (including Corsica)
• Overseas France (Guadeloupe, Guyana, La Réunion, Martinique, Mayotte, New Caledonia, French Polynesia, Saint Barthélémy, Saint Martin, Saint Pierre and Miquelon, and Wallis and Futuna)
• Belgium
• Switzerland
• Luxembourg
• Germany
• Netherlands
• United Kingdom
• Spain
• Italy
• United States of America
• Australia
• Canada

V. – PRICE

1.  Price

Except in the case of any express special conditions of sale, the prices of the products sold are as shown on the website on the day the order is placed.

These prices are firm and final on the date concerned.

They are expressed in legal tender inclusive of tax.

Delivery costs are payable in addition and shown separately before the customer confirms their order.

2. Payment methods

Unless otherwise expressly stipulated in the special conditions, the price must be paid in full when the order is placed.

Confirming their order implies an obligation for the customer to pay the price shown on the product, plus any delivery costs payable.

Orders cannot be processed unless payment is made in full on the order date.

An invoice can be sent to the purchaser on request.

Payment may be made using one of the following methods:

• Bank card;
• Online payment: PayPal;
• Bank transfer.

VI. – GUARANTEE

The products sold are not covered by any contractual guarantee.

However, the customer may claim under the statutory guarantee for hidden defects set out in Articles 1641 et seq. of the French Civil Code [Code civil], in accordance with Article L. 217-4 of the French Consumer Code.

VII. – RIGHT OF WITHDRAWAL

Pursuant to Article L.121-20-12 of the French Consumer Code, the customer shall have a period of fourteen (14) full calendar days from receipt of the product to exercise their right of withdrawal, without having to provide a reason and without any penalties.

The customer must return the product concerned within the same period and at their own expense, to the following address:

AUTO FOREVER – 78, Avenue Jean Jaurès – 69007 LYON – FRANCE

Products must be returned in their original condition and complete with their original packaging, etc. so that they can be resold as new. The customer may be held liable for any depreciation of the product as a result of handling other than that necessary to establish the nature, characteristics and correct functioning of the product.

AUTO FOREVER will refund the product (including any accessories) on receipt.

VIII. – SPECIAL TERMS AND CONDITIONS: PRE-ORDER

1. Principle

New books may be available for pre-ordering when they are launched.

AUTO FOREVER will indicate clearly on its website if the product is available for pre-ordering, so that the customer is fully aware of the product’s delivery conditions, as set out below.

2. Terms

The customer will place their order in the same way as indicated in III – ORDERING above.

The sale shall be deemed to take place on the date of acceptance of the order by the Seller and the price of the product sold will be paid in full on the day the order is placed.

However, delivery will only be made once AUTO FOREVER has received a sufficient number of orders.

This order threshold shall constitute a termination clause, i.e. the sale will be terminated if the minimum number of orders is not received within a given time frame.

The minimum number of orders required must be indicated by the Seller on its website.

Deliveries of products available for pre-ordering will be made within sixty (60) days of the date when the threshold is reached.

If the threshold has not been reached within one (1) month of the product launch, the sales made will be automatically terminated.

As a consequence, AUTO FOREVER must inform its customers by e-mail that the sale has been terminated and refund them for the purchase price of the product (including accessories).

Refunds will be made within 15 working days from the end of a period of one month, by any appropriate means. The Seller may, however, have to contact the customer for information in order to process their refund.

IX. – FORCE MAJEURE

AUTO FOREVER cannot be held liable for a failure to fulfil its contractual obligations because of unforeseen circumstances or a case of force majeure, as defined in the established case law of the French courts.

X. – CONFIDENTIALITY

AUTO FOREVER undertakes to keep all information gathered during the course of its business confidential, and to use said information solely for the purpose of delivering the Services.

AUTO FOREVER undertakes to keep information confidential in order to prevent the unauthorised use, dissemination or publication thereof, by treating it with the same level of care it applies to its own confidential information of a similar nature, based on a reasonable level of diligence.

AUTO FOREVER undertakes to inform the customer in advance in all cases where information must be produced and forwarded to a third party, in particular a subcontractor or administrative authority.

XI – INTELLECTUAL PROPERTY

All texts, comments, works, illustrations of works and images reproduced or represented on the website en.auto-forever.com are strictly subject to copyright and other intellectual property rights worldwide. Accordingly, and pursuant to the provisions of the French Intellectual Property Code [Code de la propriété intellectuelle], they are reserved for personal use only, subject to the various provisions of said Code, even if they are more stringent. Any full or partial reproduction or representation of said website or any or all of the elements shown on the site is strictly prohibited.

Company names, trademarks and other distinguishing marks shown on the website operated by AUTO FOREVER are protected by trademark rights. The reproduction or representation, in full or in part, of any of the aforementioned marks is strictly prohibited and must be subject to prior authorisation from the mark holder.

AUTO FOREVER also holds the rights to use the French trademark “AUTO FOREVER” no. 15 4 169 888 and the European trademark “AUTO FOREVER” no. 014 580 732.

As a consequence, any reproduction of the trademark or any of its elements that has not been authorised by AUTO FOREVER shall be deemed an act of forgery for which the perpetrator may be prosecuted under criminal and civil law.

XII. – INSURANCE

AUTO FOREVER declares that it holds professional liability insurance and will send the customer full details of its policy on request.

XIII. – SEVERABILITY

Should any provision or part of a provision in these T&Cs be deemed illegal, null and void or unenforceable, said provision or partial provision shall be deemed not to form part of these T&Cs.

The legality, validity or enforceability of the remaining provisions in these T&Cs will not be affected unless otherwise stipulated by the law in effect.

XIV. – AMICABLE SETTLEMENT OF DISPUTES

Pursuant to Article L. 612-1 of the French Consumer Code, “Any consumer is entitled to use the services of a consumer mediator free of charge, to reach an amicable settlement of a dispute between the consumer and a professional.”

The disputes covered by Article L. 612-1 of the French Consumer Code are those defined in Article L. 611-1 of the French Consumer Code, namely disputes of a contractual nature, pertaining to the performance of a contract of sale or provision of services, between a consumer and a professional. This legislation covers both national and cross-border disputes.

The customer may be assisted by a lawyer at their own expense.

XV. – APPLICABLE LAW AND JURISDICTION

These General Terms and Conditions of Sale are subject to French law.

Any dispute arising from the establishment, interpretation or performance of this Contract will be referred solely to the courts within the jurisdiction of the LYON Court of Appeal, notwithstanding multiple defendants or third-party interventions.

The Company is committed to complying with the rules on protecting the privacy of customers and visitors to its Website.

1: CONTROLLER

The controller is:

LP2M – 78 avenue Jean Jaurès – 69007 – LYON

Trade and Companies Register number 814 420 311

Represented by its director, Mr PENNEQUIN Laurent

Phone: +33 437 65 58 84

E-mail: cm at sign auto-forever.com

Data Protection Officer (DPO)

Mr PENNEQUIN Laurent

E-mail: cm at sign auto-forever.com

All personal data processing in relation to the services provided by the Company on the Site is carried out in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (known as the “General Data Protection Regulation” or “GDPR) where applicable.

2: OUR DATA PROTECTION COMMITMENTS

The Company undertakes to comply with data protection principles. According to these principles, personal data must be:

–              Processed lawfully, fairly and transparently;

–              Collected for determined, explicit and legitimate purposes, and not processed subsequently in ways that are not compatible with these purposes;

–              Kept in a way that is appropriate, pertinent and limited to what is necessary in light of the purposes for which they are processed;

–              Processed in a way that guarantees an appropriate level of security;

–              Transferred outside the European Economic Area only if the destination country offers an adequate level of protection or appropriate guarantees;

–              Accurate and up to date.

3: DATA COLLECTED

The Company collects and processes personal data in relation to:

–              the marketing and delivery of the products and services offered for sale on the Site;

–              customer advice in relation to the products and services offered for sale on the Site;

–              after-sales service for our products and services;

–              applying for a vacancy with the Company;

–              access to the Site.

In the context of your relationship with the Company, you are likely to communicate your personal data by various methods:

–              by completing the contact forms available on the Site;

–              by creating a user account;

–              by subscribing to our newsletter;

–              by submitting an application for a job with our company;

–              by publishing comments on the Site and our social media accounts.

The personal data concerned include, in particular: your last name, first name, e-mail address, postal address, phone number, product guarantee and invoice numbers, user name and password and Site browsing data (please refer to our Cookies Management Policy for more information about this).

The Company does not collect or process personal data for children under the age of 16 without the prior agreement of the child’s parents or those who have parental responsibility for them. If any personal data relating to children are collected via the Site, parents or those who have parental responsibility for them can object to this by contacting our DPO. Children who are under the age of majority when their personal data collected can also have them erased immediately.

4: PURPOSE OF COLLECTION AND PROCESSING

Your personal data are used by the Company with your consent and/or in the Company’s legitimate interest in relation to the provision of our services to:

–              perform a contract entered into with you or to complete procedures you have requested in order to enter into a contract (for example, a contract of sale);

–              allow you to browse our Site and make use of all the services available on the Site;

–              respond to enquiries, requests and complaints in relation to sales and after-sales service of our products and services;

–              respond to your applications in the context of our recruitment procedures;

–              allow you to receive our newsletter, based on your consent;

–              match our information, notifications, offers and other types of service to your interests as closely as possible;

–              support the Company’s legitimate interests in relation to the development of new products and services, improving its customer service, etc.

–              carry out statistical analyses with the aim of improving your customer experience with the Company;

–              comply with statutory obligations.

5: RECIPIENTS OF DATA

The personal data you provide to us are reserved strictly for the use of Company employees who are authorised to have access to them in relation to their duties and the legitimate provision of the services offered by the Company.

All Company employees are made aware of personal data protection.

Personal data are not generally transferred to third parties and will only be passed on:

–              Where you have given us your consent (Art. 6 para. 1 let. a) GDPR);

–              In relation to the legitimate provision (Art. 6 para. 1 let. b) GDPR) of the services offered by the Company to our processors in order to process your requests and orders. These processors receive only the data required to respond to your requests and use them solely for this purpose;

–              To authorities that have the right to access information in the context of fulfilling their statutory obligations (Art. 6 para. 1 let. c) GDPR);

–              To the Company and its processors in respect of the Company’s legitimate processing to provide users with a Site and improve and optimise it for the benefit of visitors and customers;

–              To the Company and its processors in respect of the Company’s legitimate processing for marketing and advertising purposes (Art. 6 para. 1 let. f) GDPR);

–              In relation to a merger or acquisition of all or part of the Company by a third party (Art. 6 para. 1 let. f) GDPR.

You may withdraw your consent to the processing of your data at any time. Any such withdrawal will not impact the effectiveness of data processing operations that have taken place in the past.

6: PROCESSORS

The Company imposes contractual requirements to comply with the same data processing principles on its processors (service providers, suppliers, etc.).

–              Hosting WP Serveur, which hosts the Site in France.

The legal basis for processing is art. 6 para. 1 let. f) GDPR. We have a legitimate interest in providing visitors and customers with a Site that is hosted safely and efficiently.

–              CMS: WordPress and Woocommerce

–              Payment services: Systempay Banque Populaire and Paypal

–              Analytical tools

1) Google Analytics, a website analysis tool provided by Google Inc. (“Google”). Google Analytics uses cookies, which are text files placed on your computer to help the Site analyse users’ browsing behaviour. The data generated by cookies related to your use of the Site, including your IP address (the identification number for your line), and are transferred and stored by Google on servers located in the United States. Google will use this information to assess your use of the Site, compile reports on Site activity for its publisher and provide other services relating to activity on the Site and the use of the internet. Google may pass these data on to third parties where it has a statutory obligation to do so or where said third parties process these data on behalf of Google, including but not limited to the publisher of the Site. Google will not cross-check your IP address with other Google data. Technically, however, it is not impossible that Google might be able to identify a particular user based on the data obtained. It may be possible for personal data and data from user profiles on the Google site to be processed for other purposes, which fall outside the Company’s area of influence. In addition to the data protection issue is the fact that the data are transferred to the United States. If you wish to opt out of Google Analytics, you can find the relevant add-on for your browser here: tools.google.com/dlpage/gaoptout?hl=fr. However, you should be aware that opting out may prevent the use of certain functions available on the Site.

2) Hotjar, a web analytics service provided by the company Hotjar Ltd (“Hotjar”). This service records anonymous information about the interactions between certain randomly selected users and the Site. Mouse movements and clicks are tracked for the purpose of highlighting possible improvements to the page concerned. Hotjar uses cookies, which are text files placed on your computer to analyse your use of the site. IP addresses are tracked and processed anonymously to prevent any direct identification. Information concerning the operating system and browser used, inbound and outbound links, geographical origin, resolution and type of device are analysed for statistical purposes. This information does not contain any personal data and is not passed on to third parties. If you do not want your information tracked, you can opt out in your browser for all websites that use Hotjar, using the header DoNotTrack. For further information, please see the website: https://www.hotjar.com/opt-out.

The legal basis for processing is art. 6 para. 1 let. f) GDPR. We have a legitimate interest in providing users with a user-friendly Site and improving and optimising it for the benefit of visitors and customers.

–              Marketing tools: SendinBlue and Facebook pixel

We use SendinBlue as a marketing platform, to which we send information entered into forms by users of the site. The data we share with SendinBlue will be used in accordance with its general terms and conditions of use: fr.sendinblue.com/legal/termsofuse.

Our Site uses the Facebook pixel to help us reach our audience on Facebook and provide it with relevant content. You can opt out of Facebook pixel cookies via the Advertising tab in your general account settings. The information we share with Facebook will only be used on accordance with the Facebook data usage policy: facebook.com/about/privacy.

The legal basis for use of the Facebook pixel is Art. 6 para. 1 let. f) GDPR. The Company has a legitimate interest in marketing as it helps it to place more relevant ads.

7: DATA RETENTION

The Company undertakes only to retain your personal data for as long as necessary in light of the purposes for which they are processed, in accordance with the retention periods imposed by the applicable laws in effect for certain categories of data.

8: SOCIAL MEDIA

You may find links to social media on the Site.

If you click on these links when you are already logged in to the social media service concerned at the point when you click the button, the sharing dialogue box will detect this so that you can share the content directly. If not, you will be asked to log in to the social media service concerned.

It is your responsibility to control your security and privacy settings on the sites concerned and their conditions of use.

You can find information about how these sites collect, store and use your data by following the links below:

–              Facebook: facebook.com/about/privacy/

–              Instagram: help.instagram.com/155833707900388

–              Linkedin: linkedin.com/legal/privacy-policy

–              Pinterest: policy.pinterest.com/fr/privacy-policy

–              Twitter: twitter.com/fr/privacy

–              YouTube: support.google.com/youtube/answer/2801895?hl=fr-FR

9: SECURITY

The Company implements all relevant technical and organisational measures, in light of the nature, scope and context of the personal data you communicate to us and the risks inherent in their processing, to ensure the security of your personal data and in particular, to prevent any accidental or unlawful destruction, loss, damage, disclosure, intrusion or unauthorised access to said data.

The Site is secured by an SSL certificate and confidential data are encrypted.

The Site used the WordPress content management system (CMS), which is regularly updated to avoid any security breaches.

The Company has implemented a management procedure for security breaches that enables it to deal efficiently with any breaches of personal data, notify the relevant authority of such breaches as soon as possible and warn you if any breach of this kind is likely to have affected your personal data.

The security and confidentiality of personal data requires everyone to behave appropriately. We therefore ask you not to share your passwords with third parties, to systematically log out of your profile and social media accounts (particularly in the case of linked accounts) and to close your browser window at the end of your session, especially if you access the internet from a shared computer. This will prevent other users from accessing your personal information.

Finally, we advise that you do not send any document containing your personal data to third parties or publish such documents on social media.

10: YOUR RIGHTS AND HOW TO EXERCISE THEM

According to the applicable personal data protection regulations, you may exercise your rights of access, rectification and erasure of your personal data and your rights to restrict or object to processing your personal data, and to data portability, at any time:

–              For our newsletter: by using the ‘unsubscribe’ link in each newsletter sent to you;

–              Or more generally, by e-mailing or writing to our DPO: Mr PENNEQUIN Laurent – E-mail: cm at sign auto-forever.com

The Company will delete your personal data from its database within 72 hours, provided you have no ongoing contractual relationship with the Company and we do not have a statutory obligation to retain your data.

Customers in California: Section 1798.83 of the California Civil Code authorises Californian customers to ask whether a business has communicated their personal information to third parties for direct marketing purposes by said third party. Customers in California who would like further information on our compliance with this law, or who have questions or concerns about our confidentiality practices and policies, are welcome to contact us using the details above to request more information.

1: OUR COOKIES

The Company uses cookies (text files used to identify your device when you connect to our Site) as part of its process of continuous improvement of the quality of services offered on the Site to ensure they meet your expectations.

A cookie is a piece of information placed on your hard disk by the server used for our Site.

It contains several items of data:

• The name of the server it came from,
• An identifier in the form of a unique number,
• In some cases, an expiry date.

This information is stored on your computer, tablet or mobile phone in a simple text file, which our server access to read and track this information, for a maximum of 13 months.

The various categories of cookie that we may use are described below.

1. Cookies needed for the Site to function

These cookies are necessary to provide you with some of the functionalities on the Site, such as contact forms. They do not identify you as an individual.

1. Functional cookies

Functional cookies allow us to customise our Site for you and to remind us of your preferences, such as your connection information, the region you are connecting from and the pages you have viewed. They may be placed by us or by third parties that provide the services for the pages you visit. The information that these cookies collect may include personal data that you have provided.

1. Performance cookies

Performance cookies allow us to monitor the use of the Site and how it functions, and to improve your user experience as a result. For example, we get information about the number of visitors to the site or the most popular pages. We only use the data that we get from these types of cookie in an aggregated form. They do not identify you as an individual. These cookies may be used by third parties, such as Google Analytics.

1. Targeting cookies

We work with third parties such as data analysis companies to provide promotional content to users, based on the location information of current users. We do not decide which cookies are places or how your data are used by these third parties. These cookies identify the browser and device from which you have accessed our Site and may therefore gather personal data.

2: COOKIES MANAGEMENT

We use the functionality integrated into the theme published by the company Kriesi and used by the Site to allow you to limit the use of cookies above.

Refusing to allow the use of certain cookies may mean that the Site or some of its functionalities will no longer work. The visitor or customer has sole responsibility for the consequences of their choice. The Company cannot be held liable for the Site not working under any circumstances.

Cookies are managed by your web browser.

You have the option, at any time, to opt out cookies and/or clear all or some of the cookies on your device by adjusting your browser settings.

For more information about cookies work and targeted advertising, you may wish to check the websites youronlinechoices.eu and allaboutcookies.org.